ARJUN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application under Section 438 Cr.P.C. has been preferred on behalf of the petitioner seeking pre-arrest bail in connection with F.I.R. No. 173/2011 registered at Police Station Kapasan, District Chittorgarh. Succinctly stated the facts of the case are that the SHO, Police Station, Kapasan is said to have received an information on 10.4.2011 at 2.15 a.m. regarding the transit of illicit poppy straw in an Ambassador Car bearing No. RJ27-1c-5573. A blockade was laid and it is said that a car was seen coming from the Sejgariya Dhamana gravel road at about 3.30 a.m. Some material was seen tied on the carrier of the vehicle, and the number of the car was same for which information was received by the S.H.O. The car was flagged down on which the driver of the car stopped the same about 25 ft. before the Nakabandi and 5 persons ran out from the car. The, driver could not escape and was apprehended whilst the four other accused persons managed to make good their escape. The driver disclosed his name to be Ashraf Mohd., and on an enquiry, he disclosed that the persons, who had run away, were Arjun Ram S/o. Bhakar Ram Devasi, Sumer Singh @ Pradeep Singh, Bharat Singh and Prabhu Lai. Upon a search of the vehicle being taken, hessian bags were found inside the dickey of the car as well as on carrier thereof. A total of 8 bags containing 205 kgs of contraband poppy straw were recovered from the vehicle.

(2.) In pursuance to the seizure, the F.I.R. mentioned above was registered at Police Station Kapasan, District Chittorgarh.

(3.) The accused Ashraf Mohd. gave an information to the seizure officer regarding the petitioner being involved in the offence and regarding his having escaped from the vehicle at the time of the seizure. This fact was mentioned in the seizure memo itself. On the basis of the information given by the accused Ashraf Mohd., the Police sought the petitioner's arrest as he was found involved in the conspiracy for procuring poppy straw weighing in excess of the commercial quantity. For about a period of one year, the petitioner managed to avoid arrest in the case and ultimately, the Investigating Officer filed a charge-sheet against Ashraf Mohd. and Bharat Singh whilst keeping the investigation pending qua the petitioner.